Motorhome legal expenses policy

Transcription

1 Motorhome legal expenses policy

2 Helplines Motor legal expenses provides: 24/7 legal advice Insurance for legal costs for certain types of disputes Helpline services Legal helpline You can use the helpline service to discuss any legal problem occurring within the United Kingdom, the Channel Islands and the Isle of Man, and arising during the period of this policy. Simply phone and quote Caravan Guard motor legal expenses. Contents 3 Terms of cover 3 Important conditions 11 General conditions 14 Customer services information 5 Definition of words 7 Details of cover 10 General exclusions 2 2

3 Terms of cover Important conditions This insurance is managed and provided by Arc Legal Assistance Limited. It is underwritten by AmTrust Europe Limited, on whose behalf We act. If a claim is accepted under this insurance, We will appoint Our panel solicitors, or their agents, to handle Your case. You are not covered for any other legal representatives fees unless it is necessary to start court proceedings or a Conflict of Interest arises. Where it is necessary to start court proceedings or a Conflict of Interest arises and You want to use a legal representative of Your own choice, Advisers Costs payable by Us are limited to no more than: a) Our Standard Advisers Costs; or b) The amount recoverable under the Civil Procedure Fixed Recoverable Costs regime whichever is the lower amount. The insurance covers Advisers Costs as detailed under the separate sections of cover, up to the Maximum Amount Payable where: a) The Insured Event takes place in the Period of Insurance and within the Territorial Limits; and b) The Legal Action takes place within the Territorial Limits This insurance does not provide cover where something You do or fail to do prejudices Your position or the position of the Insurer in connection with the Legal Action. If Your claim is covered under a section of this policy and no exclusions apply then it is vital that You comply with the conditions of this policy in order for Your claim to proceed. The conditions applicable to this section are contained under the General conditions section and should be read carefully. Some of the main conditions to this insurance are that: Prospects of success There must be more than a 50% chance of winning the case and achieving a positive outcome. A positive outcome includes, but is not limited to, recovering the amount of money at stake, enforcing a judgment or achieving an outcome which best serves Your interests. The assessment of Your claim and the prospects of its success will be carried out by an independent Adviser. If the Adviser determines that there is not more than a 50% chance of success then We may decline or discontinue support for Your case. Proportional costs An estimate of the Advisers Costs to deal with Your claim must not be more than the amount of money in dispute. The estimate of the Advisers Costs will be provided with 3

4 the assessment of Your case and will be carried out by the independent Adviser. If the estimate exceeds the amount in dispute then We may decline or discontinue support for Your case. Duty of disclosure Consumer If this policy covers You as a private individual, unrelated to any trade, business or profession, You must take reasonable care to disclose correct information. The extent of the information You are required to disclose will be based on, among other things, the type of insurance, explanatory material and the clarity and specificity of the questions You are asked when You took out this insurance. Non-Consumer If this policy covers Your business, trade or professional interests, You are responsible for disclosing, in a clear, accessible and comprehensive way, all information which you should be aware would influence the Insurer s decision to provide insurance to You on the terms agreed. Suspension of cover If You breach a condition of this insurance contract which is essential to its performance, this insurance contract will be suspended from the time of the breach until the time the breach can be remedied. The Insurer will have no liability to You for any loss which occurs, or which is attributable to something happening, during the period when this insurance contract is suspended. 4

5 Definition of words Where the following words appear in bold italics they have these special meanings. Adviser Our specialist panel solicitors or their agents appointed by Us to act for You, or, where agreed by Us, another legal representative nominated by You. Advisers Costs Reasonable legal costs incurred by the Adviser. Third party s costs shall be covered if awarded against You. Conditional Fee Agreement An agreement between You and the Adviser or between Us and the Adviser which sets out the terms under which the Adviser will charge You or Us for their own fees. Conflict of Interest There is a conflict of interest if We administer and/or arrange legal expenses insurance on behalf of any other party in the dispute which is the subject of a claim under this insurance. Data Protection Legislation The relevant Data Protection Legislation in force in the United Kingdom at the time of the Insured Event, that being: before 25 May the Data Protection Act 1998 from 25 May 2018 onwards - the Data Protection Act 2018 and the General Data Protection Regulation, or as otherwise applied in the event that the UK withdraws from the EU. Disclosure Breach Disclosing false information or failing to disclose relevant information in the process of entering into this insurance contract. Insured Event The incident or the start of a transaction or series of incidents which may lead to a claim or claims being made under the terms of this insurance. For the purposes of the Maximum Amount Payable, only one Insured Event will be regarded as having arisen from all causes or by actions, incidents or events which are related by cause or time. Insurer AmTrust Europe Limited. Legal Action The pursuit of civil proceedings and appeals against judgement following a Road Traffic Accident 5

6 The pursuit or defence and appeals against judgement in relation to a contractual dispute to do with the Vehicle The defence of criminal motoring prosecutions in relation to the Vehicle Legal Helpline The service provided by Our panel solicitors on Our behalf which enables You to obtain advice on any matter which may give rise to a claim under this insurance. Maximum Amount Payable The maximum amount payable in respect of an Insured Event is stated below: Motor prosecution defence: 25,000 All other sections: 100,000 Period of Insurance The period of insurance shown in the insurance schedule to which this cover attaches. Territorial Limits Uninsured loss recovery and personal injury: The European Union All other sections of cover: Great Britain, Northern Ireland, Channel Islands and the Isle of Man Vehicle The motor vehicle declared in the insurance schedule to which this cover attaches. This is extended to include a caravan or trailer whilst attached to the Vehicle. We / Us / Our Arc Legal Assistance Ltd. You / Your / Yourself The person(s) named in the insurance schedule to which this cover attaches. This is extended to include an authorised driver or passengers for the uninsured loss recovery and personal injury sections of cover. Standard Advisers Costs The level of Advisers Costs that would normally be incurred by the Insurer in using a nominated Adviser of Our choice. 6

7 Details of cover What is covered Personal injury You are covered for Advisers Costs to pursue damages claims arising from a Road Traffic Accident whilst You are in, boarding or alighting the Vehicle against those whose negligence has caused Your injury or death. If the Legal Action is going to be decided by a court in England or Wales and the damages You are claiming are above the small claims track limit, the Adviser must enter into a Conditional Fee Agreement which waives their own fees if You fail to recover the damages that You are claiming in the Legal Action in full or in part. If the damages You are claiming are below the small claims track limit Advisers Costs will not be covered but You can access the Legal Helpline for advice on how to take Your case further. Uninsured loss recovery You are covered for Advisers Costs to pursue damages claims arising from a Road Traffic Accident against those whose negligence has caused You to suffer loss of Your insurance policy excess or other out of pocket expenses. What is not covered Personal injury Claims: a) Relating to an agreement You have entered into with another person or organisation b) For stress, psychological or emotional injury unless it arises from You suffering physical injury Uninsured loss recovery Claims: a) Relating to an agreement You have entered into with another person or organisation b) For applications for payment to the Motor Insurers Bureau under the Untraced Driver s Agreement, or Uninsured Driver s Agreement, or any future 7

8 What is covered If the Legal Action is going to be decided by a court in England or Wales and the damages You are claiming are above the small claims court limit, the Adviser must enter into a Conditional Fee Agreement which waives their own fees if You fail to recover the damages that You are claiming in the Legal Action in full or in part. If the damages You are claiming are below the small claims track limit Advisers Costs will be covered subject to the conditions applicable to this insurance. Motor prosecution defence Advisers Costs to defend a Legal Action in respect of a motoring offence, arising from Your use of the Vehicle. Pleas in mitigation are covered where there is a more than 50% prospect of such a plea materially affecting the likely outcome. What is not covered agreements funded by the Motor Insurers Bureau Motor prosecution defence Claims: a) For alleged road traffic offences where You did not hold or were disqualified from holding a licence to drive or are being prosecuted for driving or being in control of the Vehicle whilst under the influence of alcohol or non-prescribed drugs, or prescription medication where You have been advised by a medical professional not to drive b) For Advisers Costs where You are entitled to a grant of legal aid from the body responsible for its administration, or where funding is available from another public body, a trade union, employer or any other insurance policy 8

9 Legal expenses cover - Details of cover What is covered What is not covered c) For parking offences for which You do not get penalty points on Your licence d) For motoring prosecutions where Your motor insurers have agreed to provide Your legal defence Motor contract You are covered for Advisers Costs to pursue or defend a Legal Action relating to a dispute over a contract for the sale or purchase of goods or services relating to the Vehicle including the Vehicle itself, provided Advisers Costs do not exceed the amount claimed. Motor contract Claims where the contract was entered into before You first purchased this insurance or purchased similar insurance which expired immediately before this insurance began. 9

10 General exclusions There is no cover: a) Where the Insured Event occurred before You purchased this insurance b) Where You fail to give proper instructions to Us or the Adviser or fail to respond to a request for information or attendance by the Adviser c) Where Advisers Costs have not been agreed in advance or exceed those for which We have given Our prior written approval d) For Advisers Costs incurred in avoidable correspondence or which are recoverable from a court, tribunal or other party e) To defend Legal Actions arising from anything You did deliberately or recklessly f) For claims made by or against the Insurer, Us or the Adviser g) Where a reasonable estimate of Your Advisers Costs is greater than the amount in dispute other than in relation to Uninsured Loss Recovery claims h) Where Your motor insurers repudiate the motor insurance policy or refuse indemnity i) For any claim arising from racing, rallies, competitions or trials j) For an application for judicial review k) For appeals without Our prior written consent l) For any Legal Action that We reasonably believe to be false, fraudulent, exaggerated or where You have made misrepresentations to the Adviser m) Where at the time of the Insured Event You: i. Were disqualified from driving ii. Did not hold a licence to drive iii. Did not have a valid MOT certificate for the Vehicle iv. Did not procure valid vehicle tax v. Failed to comply with any laws relating to the Vehicle s ownership or use n) For disputes between the Adviser and any other party which is only over the level of Advisers Costs o) For Your solicitors own costs where Your claim is being pursued under a Conditional Fee Agreement 10

11 General conditions 1. Claims a) You must notify Us as soon as possible and within a maximum of 180 days once You become aware of the Insured Event. There will be no cover under this policy if, as a result of a delay in reporting the claim Our position has been prejudiced. To report a claim You must follow the instructions under How to make a claim below b) We shall appoint the Adviser to act on Your behalf. c) We may investigate the claim and take over and conduct the Legal Action in Your name. Subject to Your consent which must not be unreasonably withheld, We may reach a settlement of the Legal Action d) You must supply at Your own expense all of the information which We reasonably require to decide whether a claim may be accepted. If court proceedings are issued or a Conflict of Interest arises, and You wish to nominate a legal representative to act for You, You may do so. Where You have elected to use a legal representative of Your own choice You will be responsible for any Advisers Costs in excess of Our Standard Advisers Costs. The Adviser must represent You in accordance with Our standard conditions of appointment which are available on request e) The Adviser must: i. Provide a detailed view of Your prospects of success including the prospects of enforcing any judgement obtained without charge ii. Keep Us fully advised of all developments and provide such information as We may require. iii. Keep Us regularly advised of Advisers Costs incurred iv. Advise Us of any offers to settle and payments in to court. If against Our advice such offers or payments are not accepted there shall be no further cover for Advisers Costs unless We agree in Our absolute discretion to allow the case to proceed v. Submit bills for assessment or certification by the appropriate body if requested by Us vi. Attempt recovery of costs from third parties. vii. Agree with Us not to submit a bill for Advisers Costs to the Insurer until conclusion of the Legal Action f) In the event of a dispute arising as to costs We may require You to change Adviser g) The Insurer shall only be liable for costs for work expressly authorised by Us in writing and undertaken while there are reasonable prospects of success h) You shall supply all information requested by the Adviser and Us 11

12 i) You are responsible for any Advisers Costs if You withdraw from the Legal Action without Our prior consent. Any costs already paid by Us must be reimbursed by You j) You must instruct the Adviser to provide Us with all information that We ask for and report to Us as We direct at their own cost 2. Prospects of success At any time We may, but only when supported by independent legal advice, form the view that You do not have a more than 50% chance of winning the case and achieving a positive outcome. If so, We may decline support or any further support. Examples of a positive outcome are: a) Being able to recover the amount of money at stake b) Being able to enforce a judgement c) Being able to achieve an outcome which best serves Your interests 3. Disputes Any disputes between You and Us in relation to Our assessment of Your prospects of success in the case or nomination of solicitor may, where we both agree, be referred to an arbitrator who shall be either a solicitor or a barrister. If the parties cannot agree on their choice of arbitrator the Law Society may be asked to make a nomination. The arbitration shall be binding and carried out in accordance with the Arbitration Act. The costs of the arbitration shall be at the discretion of the arbitrator. 4. Disclosure breach If You fail to disclose relevant information or You disclose false information in relation to this policy, We, or the broker, may: a) Cancel the contract and keep the premiums if the Disclosure Breach is deliberate or reckless b) Cancel the contract but return the premiums proportionately if this contract would not have been entered into had the Disclosure Breach been known c) Amend the terms of the contract accordingly if the contract would have been entered into on different terms had the Disclosure Breach been known d) Proportionately reduce the amount You are entitled to in the event of a successful claim if a higher premium would have been charged had the Disclosure Breach been known 5. Fraud In the event of fraud, We: a) Will not be liable to pay the fraudulent claim b) May recover any sums paid to You in respect of the fraudulent claim 12

13 Legal expenses cover - General conditions c) May cancel this policy with effect from the fraudulent act and keep all premiums paid to Us d) Will no longer be liable to You in any regard after the fraudulent act 6. Other insurances If any claim covered under this policy is also covered by another legal expenses policy, or would have been covered if this policy did not exist, We will only pay Our share of the claim even if the other insurer refuses the claim. 7. Cancellation You may cancel this insurance at any time by writing to Your insurance adviser providing 14 days written notice. If You exercise this right within 14 days of taking out this insurance, You will receive a refund of premium provided You have not already made a claim against the insurance. We may cancel the insurance by giving 14 days notice in writing to You at the address shown on the schedule, or alternative address provided by You. No refund of premium shall be made. We will only invoke this right in exceptional circumstances as a result of You behaving inappropriately, for example: a) Where We have a reasonable suspicion of fraud b) You use threatening or abusive behaviour or language or intimidation or bullying of Our staff or suppliers c) Where it is found that You, deliberately or recklessly, disclosed false information or failed to disclose important information 8. English law This contract is governed by English law unless otherwise agreed. 9. Language The language for contractual terms and communication will be English. 10. Change in law Cover under this policy is based on laws and regulations in force at the time that it was written. If We believe that any subsequent change in law or regulations results in the scope of cover being either restricted or broadened, We reserve the right to accept claims where the change restricts the cover under this policy and reject claims where the change provides a benefit which did not previously exist. 13

14 Customer services information How to make a claim As soon as You have a legal problem that You may require assistance with under this insurance You should phone the Legal Helpline on Specialist lawyers are at hand to help You. If You need a lawyer to act for You and Your problem is covered under this insurance, the helpline will ask You to complete and submit a claim form online by visiting Alternatively they will send a claim form to You. If Your problem is not covered under this insurance, the helpline may be able to offer You assistance under a private funding arrangement. In general terms, You are required to immediately notify Us of any potential claim or circumstances which may give rise to a claim. If You are in doubt whether a matter constitutes a notifiable claim or circumstance, contact the Legal Helpline. Data Protection Your details and details of Your insurance cover and claims will be held by Us and/or the Insurer for underwriting, processing, claims handling and fraud prevention, subject to the provisions of Data Protection Legislation. Customer service We aim to get it right, first time, every time. If We make a mistake, We will try to put it right promptly. If You are unhappy with the service that has been provided, You should contact Us at the address below. We will always confirm to You, within five working days, that We have received Your complaint. Within four weeks You will receive either a final response or an explanation of why the complaint is not yet resolved plus an indication of when a final response will be provided. Within eight weeks of Us receiving Your complaint, You will receive a final response or, if this is not possible, a reason for the delay plus an indication of when a final response will be provided. At this point, if You are not satisfied with the delay, You may refer the matter to the Financial Ombudsman Service. You can also refer to the Financial Ombudsman Service if You are not happy with Our final response or before We have investigated the complaint if both parties agree. Our contact details are: Arc Legal Assistance Ltd PO Box 8921 Colchester CO4 5YD 14

15 Tel: The Financial Ombudsman Service contact details are: Financial Ombudsman Service Exchange Tower London E14 9SR Tel: Compensation We are covered by the Financial Services Compensation Scheme (FSCS). If We fail to carry out Our responsibilities under this policy, You may be entitled to compensation from the Financial Services Compensation Scheme. Information about the scheme is available at or by phone on or This can be checked on the Financial Services Register by visiting or by contacting the Financial Conduct Authority on This policy is underwritten by AmTrust Europe Limited, Registered Office: 10th Floor Market Square House, St James s Street, Nottingham, NG1 6FG, Registered Number: AmTrust Europe Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority, financial services number: These details can be checked on the Financial Services Register at Authorisation Arc Legal Assistance Ltd is authorised and regulated by the Financial Conduct Authority. Arc Legal s Firm Reference Number is

16 Large print copy available on request Call or visit caravanguard.co.uk/paperpolicy Caravan Guard Limited New Road, Halifax, HX1 2JZ Telephone: Fax: Internet: Caravan Guard Limited is authorised and regulated by the Financial Conduct Authority. Caravan Guard Limited is registered in England, number Telephone calls may be recorded. CG-Pol-MHLegal-1018